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The five-judges Constitution bench of the Supreme Court on Tuesday extended the deadline for mandatory linkage of Aadhaar number with bank accounts and mobile numbers till the disposal of petitions challenging the Constitutional validity of Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016. But this extension is not applicable to availing services and subsidies under section 7 of Act. On December 15,2017 the Bench extended the deadline till March 31, 2018. The Constitution Bench comprising Chief Justice Dipak Misra and Justices A K Sikri, A M Khanwilkar, D Y Chandrachud and Ashok Bhushan has passed the order at the end of Today’s hearing on Aadhaar matter. Senior Counsel Arvind Datar raised concerns regarding the mandate of Aadhaar for the issue of ‘Tatkal’ passports, referring to the interim orders of the apex court, the most recent being the one dated December 15, 2017. He also requested the bench to consider the … [Read more...] about Breaking: SC Extends Deadline for Mandatory Linkage Of Aadhaar With Bank Accounts And Mobile Till The Disposal Of Aadhaar Cases [Read Order]

“The right to avail health insurance is an integral part of the right to Healthcare and the Right to Health, as recognised in Art. 21 of the Constitution” “Exclusionary clause of `genetic disorders’, in the insurance policy, is too broad, ambiguous and discriminatory – hence violative of Art. 14 of the Constitution of India”, Delhi HC said in the landmark Judgment. In a landmark Judgment the Delhi HC has held that discrimination in health insurance against individuals based on their genetic disposition or genetic heritage, in the absence of appropriate genetic testing and laying down of intelligible differentia, is Unconstitutional. Justice Prathibha M Singh has categorically held that the right to avail health insurance is an integral part of the right to Healthcare and the Right to Health, as recognised in Art. 21 of the Constitution. It also held that the exclusionary clause of `genetic disorders’, in the insurance policy, is too … [Read more...] about Breaking: Insurance Policy- Persons Having Genetic Disorders Can’t Be Discriminated: Delhi HC [Read Judgment]

The Supreme Court bench of Justices A. K. Sikri and Ashok Bhushan, on Friday, pronounced judgment on the writ petition filed by advocate Sunil Samdaria challenging the appointment of Justice Virendra Kumar Mathur and Justice Ram Chandra Singh Jhala as Additional Judges of Rajasthan High Court. The bench upheld the notifications of appointment of the aforesaid judges. The bench also held that retired judicial officers can be appointed as High Court judges under Article 217(2)(a). Further, the bench clarified that Additional Judges of High Courts may also be appointed for a tenure of less than 2 years in context of Article 224. The Petition contended that the appointment is contrary to the law laid down by the Apex Court in the case of Kumar Padma Prasad v. Union of India. The Court had, therein, held that in order to qualify for appointment as a Judge of High Court under Article 217 (2) (a) of the Constitution of India, the candidate must hold judicial office in judicial service of the … [Read more...] about Breaking: Retired Judges Can Be Appointed To High Court :SC

‘We consider it appropriate that these matters be referred to the Hon’ble the Chief Justice to constitute an appropriate Bench and to see whether we can proceed with the hearing or not.’, said Justice Arun Mishra bench. Having regard to the nature of the issues involved in the matter, the issues need to be resolved by a larger Bench at the earliest., said Justice AK Goel bench. In a latest development, Justice Arun Mishra who had headed the 3 judge bench that held the decision in ‘Pune Municipality case’ as per incuriam, taking note of the recent order by another bench headed by Justice Madan B. Lokur, which virtually stayed the order, has referred the issue to the Chief Justice of India to constitute a larger bench to decide the issue. Whether it is judicial indiscipline or not has to be decided by a larger bench, said Justice Mishra while requesting the CJI to constitute another bench to decide whether the verdict on land acquisition matter … [Read more...] about Conflicting Views By Co-ordinate Benches: Now Both Judges Who Held ‘‘Pune Municipality case’ Per-incurium Refers The Issue To CJI For Consideration Of Larger Bench

The Supreme Court bench of Chief Justice Dipak Misra, Justice D. Y. Chandrachud and Justice A. M. Khanwilkar on Wednesday granted stay on all criminal proceedings against actress Priya Varrier and the director of the Malayalam film ‘Oru Adaar Love’, Omar Abdul Vahab in the respondent states of Telangana and Maharashtra, in addition to issuing notice to the respondent states. The bench also directed that no complaint under section 200 of the Cr. P. C. may be entertained against the petitioners in any other state solely on the basis of the promotional video of the song ‘Manikya Malaraya Poovi’ in the said film. The entire controversy which has resulted in the filing of the criminal complaints and one FIR arises from the lyrics of the song “Manikya Malaraya Poovi” which is a Mappila song, or a traditional Muslim song from the Malabar region of Kerala. The song describes and praises the love between the Prophet Mohamed and his first … [Read more...] about Breaking: SC Stays Criminal Proceedings Against Priya Varrier In Relation To The Song ‘Manikya Malraya Poovi’

The Supreme Court bench headed by Chief Justice Dipak Misra on Tuesday agreed the plea for urgent hearing of the writ petition filed by actress Priya Varrier and the director of the Malayalam film ‘Oru Adaar Love’, Omar Abdul Vahab, seeking the quashing of the FIR registered in the state of Telangana and the criminal complaints in Maharashtra by the Raza Academy and a group of persons under the aegis of the Jan Jagran Samiti for allegedly hurting the religious sentiments of Muslims. Advocate Haris Beeran mentioned the matter before the Chief Justice today.The petition is scheduled for hearing on Wednesday The entire controversy which has resulted in the filing of the criminal complaints and one FIR arises from the lyrics of the song “Manikya Malaraya Poovi” which is a Mappila song, or a traditional Muslim song from the Malabar region of Kerala. The song describes and praises the love between the Prophet Mohamed and his first wife Khadeeja. The petitioners … [Read more...] about SC Agrees To Hear Priya Varrier’s Plea For Quashing Criminal Proceedings Relating To The Song “Manikya Malaraya Poovi” Tomorrow

Supreme Court of India has agreed to hear a petition filed by Advocate Vineet Danda seeking immediate deportation of Nirav Modi on Friday.Days after the lid blew off the Rs 11,400-crore billionaire Nirav Modi-PNB scam, another Petition has been filed before the Supreme Court demanding that the Finance Ministry and the Reserve Bank of India (RBI) be directed to frame guidelines for grant of loans more than INR 10 crores.Besides seeking registration of cases against all those involved in the fraud and “immediate deportation” of Mr. Nirav Modi, the Petition, filed by Supreme Court Advocate Vineet Dhanda also demands that a committee of experts be created to document details of bad debts in the country.The Petition calls it the “biggest scam in the history of banking system in India“, pointing out that it began in 2011 and continued for a period of 6 years in full view of the authorities. Mr. Dhanda therefore raises several questions on the efficiency of … [Read more...] about PNB Fraud: SC Agrees To Hear PIL Demanding Nirav Modi’s “Deportation” On Friday

Days after the lid blew off the Rs 11,400-crore billionaire Nirav Modi-PNB scam, another Petition has been filed before the Supreme Court demanding that the Finance Ministry and the Reserve Bank of India (RBI) be directed to frame guidelines for grant of loans more than INR 10 crores.Besides seeking registration of cases against all those involved in the fraud and “immediate deportation” of Mr. Nirav Modi, the Petition, filed by Supreme Court Advocate Vineet Dhanda also demands that a committee of experts be created to document details of bad debts in the country.The Petition calls it the “biggest scam in the history of banking system in India“, pointing out that it began in 2011 and continued for a period of 6 years in full view of the authorities. Mr. Dhanda therefore raises several questions on the efficiency of the Core Banking System (CBS), contending, “ By its very name, CBS ought to cover every single banking transactions. Has anybody … [Read more...] about PNB Fraud: 2nd Petition In SC Demands Nirav Modi’s “Deportation”; Guidelines For Grant Of Loans Above 10 Crores